Introduction
The concept of a caveat is an important part of civil proceedings. It allows a person who is interested in appearing before the court to ensure that no order is passed without giving such person an opportunity of being heard.
The provision relating to caveat is contained in Section 148-A of the Code of Civil Procedure, 1908 (CPC). It was inserted by the 1976 Amendment.
Meaning of Caveat
The term ‘Caveat’ is not defined in the Civil Procedure Code, 1908. The provision related to caveat is contained in Section 148-A of CPC and was inserted by the 1976 Amendment.
The word caveat has been derived from Latin, which means ‘Beware’.
A caveat is a request made by a party to the court that no order in a suit or proceeding instituted or likely to be instituted before it may be passed without hearing the person filing the caveat, who is interested in appearing and objecting to such relief.
The person who files a caveat is called the ‘Caveator’, and the person who has instituted a suit or is likely to do so is called the ‘Caveatee’.
Through a caveat, the caveator claims his right to appear before the court at the hearing of an application made or likely to be made in a suit instituted or about to be instituted.
Object of Caveat
The underlying object of caveat is two-fold:
1. To safeguard the interest of a person
The first object of a caveat is to safeguard the interest of a person against an order that may be passed on an application filed by a party in a suit or proceedings instituted or about to be instituted.
Such a person lodging a caveat may not be a necessary party to such an application, but he may be affected by an order that may be passed on such application.
The provision thus affords an opportunity to such a party of being heard before an ex-parte order is made.
2. To avoid multiplicity of proceedings
The second object of a caveat is to avoid multiplicity of proceedings.
In the absence of such a provision, a person who is not a party to such an application and is adversely affected by the order has to take appropriate legal proceedings to get rid of such order.
Hence, the provision minimises the cost and inconvenience of the court, as it averts the multiplicity of proceedings.
Section 148-A of CPC
Section 148-A of the Civil Procedure Code provides for the procedure relating to the filing of a caveat.
The following are the important provisions:
1. Right to lodge a caveat
When an application is anticipated to be made or has been made in a suit or proceeding in a court, any person who claims to have the right to appear in the court at the hearing of the respective application may lodge a caveat.
2. Service of notice by the caveator
The caveator shall serve a caveat notice on the person by whom the application has been made or is expected to be made.
3. Notice by the court
Once the caveat is filed, the court has the obligation to serve a notice on the caveator if any application is filed in any suit or proceeding.
4. Furnishing of application and documents
When the applicant is served with a notice of caveat, the applicant has to furnish the caveator a copy of the application thus made, along with the copies of other documents that may be filed to substantiate the application.
5. Period of validity
A caveat is valid only for 90 days from the date of filing, unless the application has been initiated before the expiry of the stated period.
Who May Lodge a Caveat?
The following persons may lodge a caveat:
1. A person likely to be affected by an interim order: Any person who is going to be affected by an interim order likely to be passed on an application which is expected to be made in a suit or proceedings instituted or about to be instituted in a court may lodge a caveat.
2. A person claiming the right to appear: The person must be claiming a right to appear before the court.
3. A proper party: A proper party may also lodge a caveat.
4. A stranger to the proceeding: A person who is a stranger to the proceeding cannot lodge a caveat.
Nature and Scope of Caveat
Section 148-A enacts that a caveat can be lodged in a suit or proceeding.
The provision relating to caveat would be applicable to suits, appeals as well as other proceedings under the Code or under other enactments.
A caveat can be lodged in any of the civil courts, appellate courts or tribunals, provided the respective court exercises original jurisdiction.
Contents of Caveat
The following are the important contents of a caveat:
1. Name of the caveator.
2. The address of the caveator where the notice will be sent.
3. The name of the court where such caveat is filed.
4. Number of suit, if applicable.
5. A brief description of a lawsuit or appeal likely to be filed.
6. Name of probable plaintiffs or appellants and respondents.
Nature of Provisions Related to Caveat
The provisions related to caveat are mandatory in nature.
The following are the important aspects:
1. Requirement of Notice
When the court or the applicant fails to serve the notice to the caveator, the order or decree that has been hence passed becomes null and void.
2. Hearing of Caveator
The provision of caveat is to enable the caveator to be heard before any orders are passed and that no orders are passed by the court ex parte.
Such hearing is mandatory.
Once a caveat is filed, it is a condition precedent for passing an interim order to serve a notice of the application on the caveator who is going to be affected by the interim order.
Unless that condition precedent is satisfied, it is not permissible for the court to pass an interim order affecting the caveator, as otherwise it will defeat the very object of Section 148-A.
In other words, once a caveat is filed, it is the duty of the court to hear the caveator before passing any interim order against him.
But if the caveator is not present at the time of hearing of the application and the court finds that there is a prima facie case in favour of the applicant, ad interim relief can be granted by the court in his favour.
Can Interim Order be Passed Without Notice to Caveator?
An interim order if passed without giving notice to the caveator it is not without jurisdiction and is operative till it is set aside in appropriate proceedings.
What is the Limitation Period for Caveat?
As per Section 148-A(5) Of Civil Procedure Code, a caveat remains in operation for 90 days from the date of its filing, unless the application has been initiated before the expiry of the stated period.
After that a fresh caveat petition can be filed.
Conclusion
Section 148-A of the Civil Procedure Code, 1908 provides for a complete mechanism through which a person claiming the right to appear before the court can lodge a caveat. This provision at the same time aims to safeguard the interest of such a person by providing an opportunity of being heard before an order is passed and also seeks to avoid multiplicity of proceedings.
These provisions are mandatory in nature, and a caveat remains in force for 90 days from the date of filing, subject to the application being initiated before the expiry of the stated period.